According to article 846 of the OHADA Law of 2014, the provisions of this section apply to companies whose shares are listed, in whole or in part, at the stock exchange of one or more States parties.
Annual publications
Companies whose securities are listed on the stock exchange must publish, in newspapers authorized to publish legal notices within four (4) months of the close of the fiscal year and fifteen (15) days at least before the annual ordinary general meeting of shareholders, under a title that will indicate that these are drafts not audited by auditors, the following information:
1) Summary financial statements (balance sheet, financial results, supply and use tables, and annexed statements);
2) The proposed allocation of income;
3) For companies with subsidiaries or consortiums, consolidated summary financial statements, if they are available.
Companies whose securities are listed on the stock exchange shall publish the following documents in a newspaper authorized to publish legal notices within forty-five (45) days after the approval of the summary financial statements by the ordinary general meeting of shareholders:
1) Approved summary financial statements with the certificate of the auditors;
2) The decision to allocate income;
3) Consolidated summary financial statements with the certificate of the auditors.
However, if these documents are identical to those published in the application of article 269 of the OHADA Law, only a notice, referring to the first publication and containing the certificate of the auditors, shall be published in a newspaper authorized to publish legal notices.
Publications at the end of the first semester
Companies whose securities are listed on a stock exchange of one or more States parties must, within four (4) months following the end of the first half of the fiscal year, publish in a newspaper authorized to publish legal notices in these State’s parties, a statement of operations and income as well as an interim report with the auditors’ certificate on the fairness of the information provided.
The statement of activities and income shall show the net amount of the turnover and income from ordinary transactions before tax. Each of the items on the statement shall state the figure relating to the matching item of the previous fiscal year and of the first half of this year.
The interim report of activities shall annotate data on turnover and income of the semester. It shall also describe the company operations during this period and forecast the foreseeable trend of these operations until the end of the fiscal year. Important events that occurred during the last semester shall also be stated in this report.
Companies establishing consolidated summary financial statements are required to publish their statement of activities and income and their interim reports of activities in a consolidated form along with the auditors’ certificate on the fairness of the information provided.
Publications – Subsidiaries of listed companies
Companies that are not listed on the stock exchange whose half of their securities are owned by one or several listed companies that have:
1) A balance sheet of more than two hundred million (200,000,000) CFA Francs,
2) or have an equity portfolio whose inventory value or stock exchange value exceeds eighty million (80,000,000) CFA Francs, must, within forty-five (45) days following the approval of the summary financial statements by the meeting, publish in the newspaper authorized to publish legal notices, the approved summary financial statements and along with the certificate of the auditors as well as the decision, the decision of allocation of income.